DAR File No. 29084

Environmental Quality, Solid and Hazardous Waste

R315-50

Appendices

NOTICE OF PROPOSED RULE

DAR File No.: 29084
Filed: 09/29/2006, 10:15
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to adopt federal regulations to maintain equivalency with the Environmental Protection Agency (EPA) rules and retain authorization.

Summary of the rule or change:

This rule change lists hazardous nonwastewaters generated from the production of certain dyes, pigments, and food, drug and cosmetic colorants (K181) to the list of hazardous waste. It also amends the instructions for completion of the Uniform Hazardous Waste Manifest form.

State statutory or constitutional authorization for this rule:

Sections 19-6-105, 19-6-106, and 19-6-108; and 40 CFR 271.21(e)

This rule or change incorporates by reference the following material:

40 CFR 262, 2005 ed., and 70 FR 9138, February 24, 2005

Anticipated cost or savings to:

the state budget:

There are no additional costs or savings for state agencies beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are a part of this proposed rule change.

local governments:

There are no additional costs or savings for local governments beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are a part of this proposed rule change.

other persons:

There are no additional costs or savings for other persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are a part of this proposed rule change.

Compliance costs for affected persons:

There are no additional costs or savings for affected persons beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are a part of this proposed rule change.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no additional costs or savings for businesses beyond those associated with implementing and complying with the federal hazardous waste regulations previously promulgated by EPA and which are a part of this proposed rule change. Dianne R. Nielson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Solid and Hazardous Waste
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Susan Toronto at the above address, by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/15/2006

This rule may become effective on:

12/15/2006

Authorized by:

Dennis Downs, Director

R315. Environmental Quality, Solid and Hazardous Waste.

R315-50. Appendices.

R315-50-1. Instructions for Completion of Uniform Hazardous Waste Manifest.

The requirements of the Appendix to Part 262 of 40 CFR, Uniform Hazardous Waste Manifest, [1990]2005 ed., are adopted and incorporated by reference with the following additional requirements:

(a) Generators and owners and operators shall complete the following additional items of the manifest form:

(1) Item D. Transporter's phone

Enter the phone number of the first transporter who will transport the waste.

(2) Item F. Transporter's phone

If applicable, enter the phone number of the second transporter who will transport the waste.

(3) Item H. Facility's phone

Enter the phone number of the facility designated to receive the waste listed on the manifest.

(4) Item I. Waste number

Enter the 4-digit EPA Hazardous Waste number assigned to the waste. If the waste is a mixture, include all EPA Hazardous Waste numbers for the wastes known to be present, regardless of the quantity of each individual waste component.

(5) Item J. Additional Descriptions for Materials Listed Above

If the DOT shipping description in item 11, a, b, c, d, of the manifest form contains only NOS or other general term, the hazardous waste constituent(s) must be provided here for each. The specific gravity is assumed to be one (1.00) unless otherwise indicated here.

(6) Item O. Transporter's phone

Refer to Item D

(7) Item Q. Transporter's phone

Refer to Item F

(8) Item R. Waste number

Refer to Item I

(9) Item S. Additional Descriptions for Materials Listed Above

Refer to Item J

 

R315-50-9. Basis for Listing Hazardous Wastes.

The requirements of 40 CFR 261, Appendix VII, 2002 ed., as amended by FR 70 9138, February 24, 2005, are adopted and incorporated by reference, with the following additions, excluding the constituents for which K064, K065, K066, K090, and K091 are listed:

1. F999 - CX, GA, GB, GD, H, HD, HL, HN-1, HN-2, HN-3, HT, L, T, and VX.

 

R315-50-10. Hazardous Constituents.

The requirements of 40 CFR 261, Appendix VIII, 2002 ed., as amended by FR 70 9138, February 24, 2005, are adopted and incorporated by reference.

 

KEY: hazardous waste

Date of Enactment or Last Substantive Amendment: [September 15, 2003]2006

Notice of Continuation: August 24, 2006

Authorizing, and Implemented or Interpreted Law: 19-6-106; 19-6-108; 19-6-105